|
|
REPORT TO DEVELOPMENT SERVICES COMMITTEE |
|
|
|
|
|
|
|
|
|
|
TO: |
Mayor and Members of Council |
|
|
|
|
|
|
FROM: |
Jim Baird, Commissioner of
Development Services Valerie Shuttleworth, Director of
Planning & Urban Design |
|
|
|
|
|
|
PREPARED BY: |
Nilesh
Surti, Planner ext. 4190, South Development Team |
|
|
|
|
|
|
DATE OF MEETING: |
|
|
|
|
|
|
|
SUBJECT: |
Neamsby
Investments Inc. Proposed Deeming
By-law Lots 19 and 20, Plan
65M-2813 File No. ZA 05
025617 |
|
RECOMMENDATION:
That the By-law, attached as
Appendix ‘A’, deeming Lots 19 and 20, Plan 65M-2813 not to be part of a
registered plan of subdivision, be enacted and that staff take appropriate
action as required under Section 50 of the Planning Act.
PURPOSE:
The purpose of this report is to recommend enactment of a deeming
by-law under Section 50 of the Planning
Act to allow title to two lots to merge, to accommodate construction of a
one-storey, single tenant industrial building at 4412 14th Avenue,
in accordance with the requirements of the Building
Code Act and the Town’s Zoning By-law.
BACKGROUND:
The subject lands, municipally known as
Notwithstanding the fact that Neamsby
Investments Inc. owns both lots, Lots 19 and 20 remain individual properties
and can be conveyed separately. These
two lots need to be combined and merged into a single property, under one ownership, prior to the issuance of a building
permit.
DISCUSSION
Merging of title of the two properties will allow the proposed building
and its proposed servicing to comply with the Building Code Act and the Town’s Zoning By-law. This can be accomplished by Council enacting
a by-law pursuant to Subsection 50(4) of the Planning Act, which would deem Lots 19 and 20 on Plan 65M-2813 to
no longer be lots on a registered plan of subdivision. The Planning
Act requires the following steps to be taken after the by-law is enacted:
- A copy of the by-law is
to be lodged by the Clerk with the Ministry of Municipal Affairs and
Housing;
- Notice of the by-law is
to be given to the Owner within thirty (30) days of the passing
thereof. The Owner may then make
representations respecting the by-law to Council. In this case, the by-law is being
enacted to accommodate the Owner. Staff has requested a letter form the Owner waiving his
right to make representations to Council.
This would allow the Town to register the by-law at the earliest
possible opportunity;
- The by-law will be
registered on title and the by-law will come into effect upon registration
on title.
Staff recommend that Council enact a by-law under the Planning Act to deem Lots 19 and 20,
Plan 65M-2813 to no longer be lots on a registered plan of subdivision. The effect would be to merge Lots 19 and 20
into a single parcel. This will enable
the Owner to construct and service the proposed building in accordance with the
Building Code Ac and the Town’s
Zoning By-law. Any future division of
these lands will require consent to sever or part lot control exemption. The Owner has agreed to this course of
action.
BUSINESS UNITS
CONSULTED AND AFFECTED:
The Legal Services department has been
consulted in the preparation this report.
|
|
|
|
|
Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design |
|
Jim
Baird, M.C.I.P., R.P.P. Commissioner of Development Services |
FILE PATH:
\\MARKHAM.CA\APPS\AMANDADOCS\PLANNING\SAVEPATH\31656696050.DOC
ATTACHMENTS: Figure 1 – Location Map
Figure
2 – Area Context and Zoning
Figure
3 – Air Photo
Figure
4 – Site Plan
Figure
5 – Elevations
Appendix
‘A’ – Deeming By-law
AGENT: Attn: Rudy Buczolits
Neamsby Investment Inc.
Tel:
905-761-8200
Fax:
905-761-2137
Figure 1
